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Condensed Report 




OF THE 




Public Records Commission 




OF 




M ARYLAN D 




FOR THE YEARS 1 9 O A- - O 5 . 




COMMISSION : 

HESTER DORSEY RICHi^>SON, President. 
BERNARD C STINER, 
SAMUEL K. DENIS- 




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Condensed Report 



Public Records Commission 



M ARYLAN D 



ROR T H E YEARS 1904-05. 



COMMISSION i 

HESTER DORSE Y RICHARDSON, President. 
BERNARD C STINER, 
SAMUEL K. DENIS. 



NOV & l*M 



REPORT 



Public Records Commission of Maryland. 



To His Excellency Governor Edwin Warfield 

and the General Assembly of Maryland. 

The Commission appointed by your Excellency in pur- 
suance of Chapter 282, the Acts of 1904, respectfully offer 
the following report : 

The Act providing for the better security of the Public 
Records of Maryland, is as follows : 

Section 1. Be it enacted by the General Assembly of Mary- 
land, That the Governor shall appoint, by and with the 
advice and consent of the Senate, three citizens of the State, 
who shall constitute a public records commission, and who 
shall serve for two years. They shall serve without pay, 
save that they may receive their necessary expenses out of 
the fund hereby appropriated. They shall examine into the 
condition and completeness of the public records, and report 
thereon to the General Assembly with such recommenda- 
tions as they may deem expedient for the better custody and 
arrangement and preservation of the same. 

Sec. 2. And be it enacted, That the sum of one thousand 
dollars annually, or so much thereof as may be necessary, 
for the next two years, be appropriated for the use of said 
commission by the State Treasurer. 

Sec. 3. And be it enacted, That the words public records 
shall be held to mean any written or printed book, paper, 
map or drawing which is required by law to be preserved, 
filed or recorded in any office of the State, or of any county 
or municipality, or of any officer or employee of the State, 
or of any county or municipality. 



Sec. 4. And be it enacted, That the paper in all books of 
record in which are preserved manuscript entries required 
to be made by any officer of the State, county or munici- 
pality, shall be made of linen rags and new cotton clippings, 
well sized with animal sizing and well finished, and that the 
ink and typewriter ribbon used in such books of record be 
of a character approved by the Commissioner of the Land 
Office. 

Approved April 7, 1904. 

The three citizens appointed under this Act, by your 
Excellency, to constitute The Public Record Commission of 
Maryland, were Mrs. Hester Dorsey Richardson, Chairman ; 
Dr. Bernard C. Steiner and Mr. Samuel K. Dennis. These 
met for organization on the 30th of September, 1904, in the 
office of the Maryland Historical Society, with Mrs. Rich- 
ardson in the chair. Mr. Samuel K. Dennis was elected 
Secretary and Treasurer of the Commission. 

Plans for carrying out the work of investigating the con- 
dition of the public records of the State were discussed, and 
later put into practical working shape. 

As the bill creating the Commission decreed that the 
members of the same serve without pay, save their necessary 
expenses, it became expedient to elect as investigators a 
number of men to go into the field who could be paid for 
their services to the State from the annual appropriation. 

These investigators elected by the Commission were chosen 
for their fitness, and included Dr. Christopher Johnson, Mr. 
Albert Levin Richardson, Mr. John C. Hildt and Mr. Beverly 
TV 7 . Bond, Jr. - Dr. Johnson resigning before the investigation 
began, Mr. George W. McCreary was appointed in his place, 
and later Mr. William Kirk, Mr. Charles O. Clemson, Mr. 
Walter Ward Correll and Mr. Ross Miles Diggs were 
added to the investigators. 

The public records which have been examined, tabulated, 
and their condition noted in detail, include those in the Land 
Commissioner's Office at Annapolis, the Clerk's Office of the 
Superior Court of Baltimore, the Court of Common Pleas, 
important ones in the City Hall, and all the public records in 
the following twenty-two counties : St. Mary's, Calvert. 



Charles, Anne Arundel, Howard, Baltimore, Harford, Mont- 
gomery, Washington, Carroll, Allegheny, Garrett, Frederick, 
Somerset, Worcester, Wicomico, Talbot, Queen Anne's, Kent, 
Cecil, Caroline, Dorchester. 

As there was no appropriation for printing the detailed 
report of the investigators, which covers nearly 2,000 large 
pages, now in the custody of the Secretary, the chairman 
has found it necessary to make a synopsis of the work done, 
in the hope' that the Assembly will realize the importance of 
printing the report as a whole for its value in carrying out 
the recommendations of the Commission, and as a calendar 
of the public records of Maryland. These detailed reports 
will be filed in the Land Commissioner's Office for action by 
the Assembly. 

Condensed Reports. 

Mr. Beverly W. Bond, Jr., investigated and reported the 
condition in the following counties : 

St. Mary's County shows a credited total of 707 books in 
the Register of Wills and Clerk's office, with an additional 
63 in the County Commissioner's office. In the fire of 1831, 
the records in the Register's office escaped, and wills are 
reported as complete and consecutive from 1658 to date ; 
Administration Accounts from 1674 to date. The records 
of the Clerk's office prior to 1831 were burned. It is 
reported that many Court dockets and minute books belong- 
ing to this office are kept in piles on the floor in a lumber 
room which is not fire-proof. Sixty-seven books in this 
office are specified for copying and re-binding. 

The Court House is a new brick building, with fire-proof 
vault, steel case for original papers, steel shelves for record 
books. Books examined, 770 ; defaced, 67. 

Harford County — The books examined in this county are, 
in all offices as reported, 1,102. Of these, 150 are specified 
for re-binding and 19 for copying. The Clerk's Office is 
reported as not fire proof. The Register's Office and Com- 
missioner's Office fire-proof. Books, 1,102 ; defaced, 169. 

Garrett County — Clerk's Office shows 458 books examined; 
all in good condition. The Register of Wills, 40 books, 
with 103 in the Commissioner's Office, a total of 571. Two 



6 

books in the Register's Office marked for copying. This 
building is reported as old brick, fire-proof, but damp and 
crowded ; steel shelves. Total, 571; defaced, 2. 

Allegheny County is reported as having 1,081 books in the 
Clerk's Office, 78 in the Register of Wills and 148 in the 
office of the Town Clerk, and 126 in the Commissioner's 
Office, a total of 1,433 ; defaced 41 ; 41 for re-binding or 
copying. Fire-proof, modern steel. 

Montgomery County shows in the Clerk's Office 1,229 
books examined, 48 of which need re-copying or re-binding, 
and in the Register of Wills' Office 279 books, 25 of which 
are specified as needing attention. 

Twelve county towns are reported as having a combined 
total of 64 books, making a total of 1,738 books reported 
on in this county, of which 68 are specified as needing either 
re-binding or copying. 

The public buildings are reported as modern brick, with 
fire-proof vaults and steel shelving. 

Total examined by Mr. Bond, 5,614 books. 

Mr. John C. Hildt, Investigator, reports the following 
counties : 

Howard County — In Register of Clerk's Office, 364 books 
examined ; Register of Wills, 100 ; in County Commis- 
sioners,' 30, and in the Town Clerk's of Ellicott city, 5 — a 
total of 521 books. 

No books are specified for attention. 

The court house is described as fire-proof with old-fash- 
ioned wooden shelving. The School Commissioners' books 
in wooden cases ; City Council records in private house. 
Total of books in county, 521. 

Washington County shows in the Clerk's Office 756 books, 
of which 107 are specified as needing re-binding. 

In the Register of Walls' Office, 308 books examined, with 
16 recommended for re-binding. 

The municipal record books are 33, making a total with 

the County Commissioners, Surveyors and School Commis- 

oners a total of 1,280 books reported on in the county : 

tal, 1,280 ; defaced, 107. Fire-proof building and vault. 



Frederick County reports 651 books in the Clerk's Office, 
and 425 in the Register of Wills' Office, with an additional 
214 in the other county offices combined, showing a total of 
1,296, of which 28 are specified for re-binding or copying. 
The Court House at Frederick is reported as brick, with no 
vault for records in the Clerk's Office, and many valuable 
records kept in a room which is not fire-proof and with 
wooden shelves, because of inadequate accommodation in the 
Clerk's room. The Register of Wills' Office has a vault for 
records, but many are kept in wooden cases and glass doors. 
Total, 1,296 ; defaced, 28. 

Anne Arundel County is reported as having 437 books in 
the Clerk's Office and 228 in the Register of Wills' Office, 
with 89 in the office of the Town Clerk and 44 in the County 
Commissioners, a total of 798, of which 7 are reported 
defaced. The Court House is reported as fire-proof, with 
vault, steel shelves and cases. The Clerk's Office has not 
sufficient vault room for a proper arrangement and preserva- 
tion of the records. Eight books are specified for copying or 
re-binding. Total books examined, 798 ; defaced, 8. Total 
examined by Mr. Hildt, 3,895 books. 

Mr. George W. McCreary, Investigator, office of City 
Librarian, reports 1,250 books examined. These are kept 
on wooden shelves. None recommended for copying or 
re-binding. Total, 1,250. 

Mr. Wm. Kirk, Investigator,' reports in Cecil county 1,144 
books in the Clerk's Office, 436 in the Register of Wills, 33 
in the School Commissioners' and 190 in the County Com- 
missioners'. Many records were carried away by the British 
in the war of 1812, and the Court House was burnt. Later 
some were recovered and restored as far as possible. The 
Court House is reported as fire-proof, with modern steel 
shelving. 53 books are specified for copying and 2 for 
re-binding. Total, 1,803 ; defaced, 55. 

Baltimore County Clerk's office is reported as having 1,055 
books ; the Register of Wills, 185 ; County Commissioner, 
149 ; a total of 1,324. None are marked for attention. The 
Court House is reported fire-proof and equipped with steel 
shelving. Total examined by Mr. Kirk, 3,127 books. 



Mr. Ross Miles Diggs, reports : 

Charles County — Having 341 books in all offices combined. 
Of these, 48 are reported as needing attention ; 8 volumes 
reported missing. Seventy volumes of ancient land records 
of Charles county are deposited in the Land Commissioners' 
office. The Court House is fire-proof, with steel shelving 
and cases, but not enough to accommodate the records. 
Total examined, 341 ; defaced, 40. 

Calvert County Clerk's office shows 118 books ; the Reg- 
ister's 25, and the County Commissioners', 37. The fire of 
March, 1882, destroyed the records of every kind in the 
Register's and Commissioners' offices ; a few modern ones 
were saved from the Clerk's office. All others destroyed, 
not a single original paper saved. In June, 1882, a fire in the 
Protestant Episcopal Parsonage destroyed the few records 
which had been deposited there after the Court House burnt. 
The records in Calvert, therefore, begin in 1882. Old papers 
are being recorded when brought in by those holding same. 
Brick building ; damp vault. Total examined, 180 ; total 
examined by Mr. Diggs, 521 books. 

Mr. Walter Ward Correll, Investigator, reports the Court 
of Common Pleas, Baltimore City, in which the books exam- 
ined were 142 ; defaced, 3. Fire-proof Court House. 

Mr. Charles O. Clemson, Investigator, reports for Carroll 
County — Clerk's Office, 349 books ; 157 for Register of 
Wills ; 58 in County Commissioners' Office ; 20 in School 
Commissioners' ; 32 in municipalities; 10 are specified for 
copying or re-binding. Total, 615 ; defaced, 10. 

Mr. Albert Levin Richardson, Investigator, reports the 
■ Land Commissioners' Office with a total of 3,300 books, 
examined by Mr. and Mrs. Richardson; 230 are specified in 
the detailed report for immediate attention. This office is 
located in the New Court of Appeals Building at Annapolis, 
which is strictly a fire-proof building. The equipment of 
this most important office in the State is neither Jire-proof 
nor modern; old-fashion wooden shelves are packed with 
these precious books, so that the necessary handling is 
rapidly destroying their bindings. This office, which is the 
repository of the invaluable Colonial records, including 
those of the Provincial and Prerogative Courts and High 



Court of Chancery, as well as being the fountain and depos- 
itory of the primitive muniments of title to all the landed 
property in the State, makes the restoration and preserva- 
tion of the books there of vital personal interest, as well as 
a matter of State pride in preserving those records which 
constitute Maryland's Domesday Book, in which a more 
accurate description of the lands of the State is to be found 
than of the' lands in the records of any other country. The 
recommendation for this office are the silking, copying or 
re-binding of the various 230 books named in the detailed 
report. A complete system of steel shelving to accom- 
modate every book of record that is in frequent use, and 
closed steel cases for the thousands of original papers depos- 
ited there. The steam heating plant in the lower room is 
drying out and materially injuring the several thousand 
books deposited there. It is recommended that the pipes be 
covered with asbestos, or accommodations above stairs be 
increased. 

The Superior Court of Baltimore, as reported by Mr. Albert 
Levin Richardson, shows a total of 4,250 books tabulated 
and examined. The building is fire-proof ; equipment of 
office modern steel. The daily handling of the books by so 
many busy men leaves its impress upon them, and 246 are 
specified as needing new binding and 73 to be copied 
promptly, because much faded. The clerk of this Court 
should be allowed a larger discretion in expenditures on his 
books from the receipts in his office, thus enabling him to 
keep pace with the wear and tear of this office without any 
appropriation from the State. An enabling act for this office 
would render the necessary work for preservation to go on 
regularly as a part of the routine work of the office. In 
the chattel room 30 books are noted for repairs, and in the 
legal department 7 are marked for copying and 10 to be 
re-bound. It is also recommended that the old Marriage 
License Register Books, 12 in number, dating from 1777 to 
1851, be copied. Many plats and charts of great historic 
value are in this office, and are being destroyed by much 
handling. These originals should be copied and then pre- 
served between silk tissue. Total in this office, 4,250 ; 
needing attention, 366. 



10 

Wicomico County shows a total of 270 in the Clerk's 
Office, all in good condition. 51 books in the Register of 
Wills, 2 for new bindings ; County Commissioners, 48 books, 
and School Board; 41, a total of 410. Defaced, 2. The 
Court House is fire-proof, steel shelving and fire-proof vault. 

Worcester County is reported with 402 books examined in 
the Clerk's Office ; 173 in the Register of Wills, a total of 
575 books. Xew index needed: Schools Commissioners, 
County Commissioners and Municipal Records, a total of 
649. Books examined, 649, defaced, 1. Building is fire- 
proof, steel shelves, fire-proof vault. 

Mr. and Mrs. Albert L. Richardson, Investigators, report 
Somerset County has in the Clerk's Ofiice 1,421 books, 136 
in the County Commissioners, 143 in the Register of Wills' 
ofiice, School Commissioner, 7, Town Clerk, 5 ; a total of 
1,712. In the Clerk's ofiice 13 books of very valuable land 
records need copying and 53 re-binding. In the Register of 
Wills, 11 volumes of Colonial Wills need to be transcribed 
and recorded consecutively. The New Court House is fire- 
proof, with large well lighted vaults to be filled with latest 
steel shelves and cases for the many original papers. During 
the investigation of the records they were temporarily stored 
in a bank, which rendered the work of investigation very 
laborious. The records here are not complete. Inventories 
prior to 1779 missing; the indexing in the office is primitive 
and should have a modern system of general indexing. 
There are no Administration Accounts from 1666 to 1685. 
Books examined, 1,712 ; defaced, 77. 

Talbot County shows an aggregate of 1,139 books exam- 
ined in all offices, Clerk's office having 798, Register of 
Wills, 356 ; County Commissioners and Treasurer, 163 ; 
School Commissioner, 7 ; Town Commisioner of Easton, 2 : 
Oxford, 9 ; St. Michaels, 3 ; Trappe, 1. There are nine 
breaks in the Court Judgments in the Clerk's ofiice, and 
three in Marriage License records. The books recommended 
for copying in the Clerk's ofiice are 13, and 6 to be re-bound. 
In the Register of Wills two breaks occur in the recorded 
wills ; the first from 1716 to 1722; the second from 1746 to 
1777 ; Administrator Accounts prior to 1702, and Testa- 
mentary proceedings prior to 1692 were missing. In this 
office three books are specified for copving and 6 for re-bind- 
ing ; total 1,339; defaced, 28. 



11 

Queen Anne's County shows 419 books in the Clerk's 
office, 75 in County Commissioners, 7 in Municipal, and 234 
in the Register's office ; School Board, 11; making a total of 
746 ; 66 defaced ; 40 are specified for re-binding, and 
26 for transcribing. The Court House is old and damp, 
and the vaults in every way unfitted for the preservation of 
the valuable records of the county. The sub-vault of the 
Clerk's office is dark and damp as a cellar and the original 
papers are stored in it without any possibility of preservation 
from mould and dampness and decay. The vault of the 
Register's office is a little better, but there are no facilities 
in either office for the arrangement and preservation of the 
records. It is strongly recommended that large airy addi- 
tions be built to these vaults, and modern steel shelving be 
required, and dust and mould proof, cases for the original 
papers, which are now in open pigeon holes or bins. Many 
breaks in the records could be supplied from these originals. 

Kent County has in the Clerk's office 833 books, 177 in 
the Register of Wills' office, 26 in School Commissioners, 
47 in Town Commissioners; making an aggregate of 1,107. 
Of these 33 to be bound, 34 to be copied, defaced 67. Old 
brick Court House, Vaults brick, damp, old wooden cases 
and shelves, Clerk's office books being ruined with damp 
and crowding; total, 1,107 ; defaced, 67. 

Mrs. Hester Dorsey Richardson, Investigator. 

Dorchester Comity reports, 486 in the Clerk's office and 
136 in the Register of Wills' office, 34 in School Commis- 
sioners, 79 in County Commissioners, a total of 755 ; of 
these 30 are recommended for copying, 17 for binding; 
total, 755 ; defaced, 47. Building, brick, fire-proof, Clerk's 
office steel shelves and cases, sub-vault, wooden shelves, over- 
crowded conditions, damp. Original papers, prior to 1800, 
deposited in tower in open baskets, decaying and worm- 
eaten. Register of Wills' vault too small, all wooden 
shelves ; should be fitted with steel shelves and cases, and 
vault enlarged to accommodate records. All in this office 
were burnt prior to 1832, in which year the Register's office 
was burnt. 

Caroline County shows in the Clerk's office 984 books, 
136 in Register of Wills, 30 in County Commissioner, and 



12 

16 in the School Board; a total of 1,189 books ; 27 defaced, 

17 recommend for re-binding, 10 for copying. The building 
is fire-proof in Clerk's office; modern steel shelves and cases, 
but not enough for all records. The Registers of Wills office 
has vault with old wooden shelves, open pigeon holes and no 
adequate accommodations. Recommend steel shelves and 
cases, modern general indexes for the Register's office. 

The total number of books examined by the investigators 
aggregated 30,621 books. Total number of books examined 
by Mr. and Mrs. Albert Levin Richardson were 15,456. 

Chairman s Investigations and Finds. 

Although the Act creating the Public Records Commission 
allowed the members of the same no recompense for their 
services, the Chairman; Mrs. Hester Dorsey Richardson, 
devoted fourteen weeks without intermission to the investi- 
gation of the records in the Register of Wills' offices in eight 
of the old Eastern Shore Counties, and in the Prerogative 
Court records in the Land Commissioner's office. In addi- 
tion to personally examining and tabulating, with detailed 
recommendations, 4,418 books, the Chairman spent many 
days among the original papers in the vaults in the hope of 
reporting finds among the original papers which would 
supply breaks in the records. She is pleased, therefore, to 
report in Talbot county 530 unrecorded wills, which cover 
the two breaks in the books from 1716 to 1772, and from 
1744 to 1777. By comparing with the index at Annapolis, 
130 do not appear to have been recorded there, while the 
entire 530 have been 4 lost to Talbot county. 

Recommended that these be at once recorded in suitable 
books and indexed ; also take pleasure in reporting a find of 
Adm. Accts. J. G. No. 1, 1699-1701, not included in the 
general index because lost to the office ; also Testamentary 
Pro., 1689-91, a ragged manuscript book. In Queen Anne's 
County the administration accounts which should begin 
1707 are missing prior to 1741. A diligent search among 
thousands of dusty bundles of papers crowded in pigeon 
holes revealed 200 of these valuable accounts, in the period 
prior to 1741. A break in recorded inventories from 1750 
to 1774 was largely covered by another find after diligent 
searching of about 300 original inventories of this period 



13 

Fully 1,000 Adm. Bonds were discovered dating from 1716 
to 1774, the earliest record book of these Bonds begin- 
ning 1774. 

In Kent county, which was formed 1642, the wills are 
missing prior to 1669. The original papers did not supply 
the break ; 10 early wills were, however, found among the 
land records not on record in the Register's office. The 
break in recorded inventories from 1850 to 1864 was found 
after searching in the originals. The guardian bonds miss- 
ing in the records from 1850-1885 were found among the 
original papers. The finds in Kent aggregate several hun- 
dred records practically lost to the county because not 
recorded on the books, but none the less filed in the office 
and should have been entered on the books. 

The Commission urges that the breaks in the records in 
the counties above mentioned, which can be made good 
through the originals brought to light by the chairman's 
untiring efforts, be promptly recorded, indexed, and properly 
marked as books of record in the respective offices. 

The Public Records Commission has not been able to 
investigate the entire records of the State under the annual 
appropriation of $1,000 for two years. Those not yet 
examined include Prince George's County, all offices in the 
Baltimore Court House, excepting the offices of the Clerk of 
the Superior Court, and the Court of Common Pleas, the 
offices of the Secretary of State, Comptroller, Treasurer, the 
Clerk of the Court of Appeals, the entire State House, the 
State Library, the City Hall of Baltimore, and other munici- 
pal records. 

The preparation of a complete list of municipalities formed 
in Maryland to be arranged chronologically was undertaken. 
The list to include a brief abstract of the Act of incorpora- 
tion and any amendment from time to time ; also a list of 
offices established in the State, including counties and 
municipalities, from the settlement of the State until the 
present time including date of the establishment of the office 
and of its discontinuance, if it no longer exists, as well as a 
brief summary of the duties thereof, which will appear as 
an appendix to the detailed report when printed. 



14 

General Conditions and Recommendations. 
The investigation of the State Records by the Public 
Records Commission of Maryland, has demonstrated that we 
are the proud possessors of records probably unequaled in age, 
completeness and historical interest by those of any of the 
original 13 States. But the condition of hundreds of these 
rare old volumes, which alone are the open sesame to the 
past history of the makers of Maryland, demands prompt 
action on the part of the Assembly, for delay in the work 
of rescue and preservation will prove fatal in many instances. 

If it had not been for the timely action of the Colonial 
Assembly of 1704, we would be poorer by several hundred 
volumes of our most important State records, which were 
transcribed as a result of this Act. Governor Seymour, in 
his appeal after the burning of the State House, with the 
loss of many valuable records, said : " I hope this sad 
experience will awaken your care for time to come, and in 
the interim your best consideration to secure the laws and 
records of your country for the advantage and quiet of 
future generations." As a result of this, a committee was 
appointed to inspect the records, and the good work of their 
preservation began soon after, and those copied still bear on 
their covers the date when they were transcribed. One of 
the committee reported to the Colonial Assembly that "We 
find the records in general are not so carefully looked after 
as they ought to be, being made use of for seats for the 
clerks, and laid upon and used, instead of desks and tables 
to write on." 

About one hundred years after the first Act for the Pre- 
servation of the Public Records, a special Act of the General 
Assembly was passed at the November Session, 1807 — for 
the transcribing and recording certain records and papers, 
under which much important work of rescue was done, 
covering many years. Again, as we near the century mark, 
the General Assembly of 1904 passed an Act " providing for 
the better security of the Public Records," and to the Gen- 
eral Assembly of 1906, we respectfully submit the report of 
Avhat has been done in the line of inspection, and appeal to 
the representatives of the people to emulate those Colonial 
Assembly men who for the advantage and quiet of us "the 
future generations " saved to our use and benefit the decay- 
ing records. 



15 

This work of rescuing and preserving the records of 
Maryland must be a progressive work, — it cannot be done 
through one appropriation. Let this Assembly enable the 
work of preservation to begin with such books as are shown 
in the detailed report to be the most urgent in need of 
repair. 

Never before have the records been so generally handled, 
much long-needed indexing being done, which will increase 
the use of 'the books, and will hasten their destruction unless 
given immediate attention. Printing the defaced records is 
recommended as the means of their permanent preservation, 
where possible. 

The condensed report made from the nearly 2,000 pages 
of details is as nearly correct as could be in the brief time 
left to prepare it before the meeting of the General Assembly. 

Respectfully submitted by 

Mrs. Hester Dorse y Bichardson, 
Chairman Public Records Commission, 
Bernard C. Stiner, 
Samuel K. Dennis. 






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